Part-time overtime in Brandenburg retail · 5 AZR 122/25
Federal Labour Court · 26 August 2026
A shop worker in Brandenburg usually worked about twelve hours a week. Under the retail pay agreement, a colleague working full time could reach the overtime premium after forty hours. Applying the same threshold to her meant working more than three times her contracted hours before a single hour attracted a premium.
Why the threshold mattered
The Federal Labour Court held that applying the full-time threshold to this part-time employee put her at an unjustified disadvantage. It worked out what a proportionate threshold meant under this particular agreement. On the hours she claimed, a premium could begin once she had exceeded her own weekly hours by 0.63 hours.
What happened to her pay claim
The employer nevertheless succeeded in having the €240.89 gross award set aside. The worker had presented monthly totals. The lower court still needed to establish which individual weeks crossed the threshold and how much qualifying overtime the employer was responsible for. The worker could supply that evidence when the case returned.
What a payslip can miss
A monthly total can conceal a long week followed by a short one. The contract, applicable pay agreement, weekly rotas and actual shift records tell different parts of the story. The figure of 0.63 hours belongs to this contract and agreement.
Read the Federal Labour Court judgment, especially paragraphs 64–69
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